Notation to File

FANBASE

Fanbase Exchange Co.

Re: USPTO Trademark Applications: Fanbase Applications In other words, I accept all of your suggested changes. On Wed, Jan 29, 2020 at 4:29 PM Ronald Mears <ronald.mears@mearsmediagroup.com> wrote: Hi Steven Yes please make those amendments as described above for 88678263, 88682338, and 88710576 as well as the dscriptions of the Marks as described above for each application. Thanks, Ronald Mears On Wed, Jan 29, 2020 at 4:10 PM Ferrell Jr., Steven <Steven.Ferrell@uspto.gov> wrote: Good Afternoon Ronald W. Mears Jr, I am reviewing the following referenced applications for Fanbase Exchange Co.: 88676298 F FANBASE 88676882 F FANBASE 88678263 F FANBASE 88682338 F FANBASE 88684472 F FANBASE 88699605 F FANBASE 88710576 F In review of these applications there are a couple of issues that can be corrected without the need for an Office action. Identification of Goods/Services First, for some of the applications, we require an amended identification of the goods and/or services. First, for 88678263, the wording “Electronic storage of ERC-20 and ERC-721 tokens” requires further specification to make it clear that this is data being stored rather than physical goods. Specifically, the suggested identification would read, with suggested changes underlined: International Class 42: Data encryption and decoding services; Design and development of electronic data security systems; Design and development of software and hardware for data and multimedia content conversion from and to different protocols; Design and development of software and hardware for multimedia data storing and recalling; Electronic storage of electronic media, namely, images, text and audio data; Electronic storage of ERC-20 and ERC-721 cryptocurrency tokens; Electronic storage services for archiving databases, images and other electronic data; Mobile media services in the nature of electronic storage of entertainment media content; Providing an on-line network environment featuring technology that enables users to share data in the field of blockchain, crowdfunding, digital media, royalty-tracking, securities, cryptocurrency and cryptocurrency wallets Next, for 88682338, the wording “FinCEN” is not a regularly understood acronym or abbreviation and requires further specification using common commercial wording. Additionally, the wording “ERC-20s, ERC-721s” are not regularly understood terms and require further specifically using common commercial wording. Specifically, the suggested identification would read, with suggested changes underlined: International Class 45: Licensing of advertising slogans and cartoon characters; Licensing of architectural drawings to others; Licensing of computer software; Licensing of intellectual property; Licensing of intellectual property rights; Licensing of patent applications; Licensing of registered designs; Licensing of software for management of intellectual property; Licensing of trademarks; Licensing of intellectual property, slogans, cartoons, music, drawings, still images, moving images, designs, games, characters, sounds, recordings, slogans, advertising, phrases, writing, memes, gifs and digital files; Mediation; Cartoon character licensing; Computer software licensing; Consultancy relating to computer software licensing; Consultancy relating to patent licensing; Consulting in the field of intellectual property licensing; Legal advisory services in the field of copyright, trademark, patents, securitization, royalties, dividends, smart contracts, regulated crowdfunding, anti-terrorism, anti-money laundering, know-your-customer, financial crimes, start-up and corporate law; Legal advisory services in the field of cryptocurrency, blockchain, technology, digital media, ERC-20 and ERC-721 cryptocurrency tokens, and the creative industries; Online social networking services provided through a community website; Online social networking services provided through a fashion community website; Online social networking services provided through a sports community website; Patent licensing; Providing a web site featuring information on the development of privacy, security and data governance law; Providing a web site that features information on the development of international law, regulations, legal policies, and legal practices in a manner that promotes global governance by all types of organizations; Providing an interactive web site featuring personal background credential information for users to verify credentials of others; Providing information about legal services for creators of media, digital collectibles and certificates of authenticity via a website; Providing information in the field of business law, litigation and intellectual property; Providing legal research in the field of securities trading, cryptocurrency trading, dividends, royalty-sharing, marketing and advertising; Provision of a web site featuring information on fashion; Social networking services in the field of start-up law, corporate law, patents, trademarks, cryptocurrency, cryptocurrency wallets, technology, crowdfunding, royalty-tracking, media production, dividends, digital collectibles, file- sharing, digital media, streaming media and direct-to- consumer media provided via a website; Verification of personal identity as part of personal background investigations Finally, for 88710576, the wording “Clothing straps for costumes and cosplay” is indefinite because applicant must further specify the types of costumes and cosplay goods. Next, the wording “Adaptive clothing, namely, costumes, outerwear and accessories” is indefinite and overly broad because applicant must further specify the types of costumes and outerwear, and the wording “accessories” is not acceptable in International Class 25 without specifying the types of clothing accessories that may be included in this class. Otherwise, many clothing accessories are classified in many other classes. As such, this wording should be deleted from this entry. Next, the wording “Bottoms as clothing for costumes, outerwear and accessories” is indefinite because the wording that follows “for” should be in the nature of the wearers (i.e. babies, adults, children, etc.) of the clothing rather than any types of clothing. Next, the wording “Embroidered clothing, namely, costumes, t- shirts, hats and accessories” is indefinite because, again, applicant must specify the types of costumes and the wording “accessories” is improper for the reasons previously discussed. Next, the wording “Outerwear, namely, shirts, t-shirts, shoes, belts, pants, pajamas, hats, jackets, dresses, sweatshirts, sweatpants, costumes, bodysuits and accessories” is indefinite because, again, applicant must specify the types of costumes and the wording “accessories” is improper for the reasons previously discussed. Finally, the wording “Tops as clothing for costumes, athletic wear and formal wear” is indefinite because the wording that follows “for” should be in the nature of the wearers (i.e. babies, adults, children, etc.) of the clothing rather than any types of clothing. Specifically, the suggested identification would read, with suggested changes underlined: International Class 25: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing items, namely, adhesive pockets that may be affixed directly to the inside of clothing for storage and safekeeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing items, namely, gags worn over the mouth; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing straps for Halloween costumes and cosplay costumes; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, base layers; Clothing, namely, crops; Clothing, namely, knee warmers; Clothing, namely, neck tubes; Clothing, namely, thobes; Clothing, namely, wrap-arounds; Shirts; Adaptive clothing, namely, cosplay costumes, outerwear being coats, hats, and gloves; Adult novelty gag clothing item, namely, socks; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Belts; Belts made out of cloth; Bottoms as clothing; Bottoms as clothing for babies, adults, and children; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' cloth bibs; Combinations; Drawers as clothing; Embroidered clothing, namely, cosplay costumes, t-shirts, and hats; Fingerless gloves as clothing; Foulards; Head wraps; Headwear for costumes, sports, games and fashion; Hoodies; Jackets; Jerseys; Leather belts; Outerwear, namely, shirts, t-shirts, shoes, belts, pants, pajamas, hats, jackets, dresses, sweatshirts, sweatpants, cosplay costumes, and bodysuits; Short sets; Shoulder wraps; Shoulder wraps for clothing; Swaddling clothes; Ties as clothing; Tops as clothing; Tops as clothing for babies, adults, and children; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Trunks being clothing; Underarm clothing shields; Wearable garments and clothing, namely, shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Wrist bands as clothing; Wristbands as clothing Please let me know if you would approve of my amending the identifications as described for 88678263, 88682338, and 88710576. Descriptions of Marks Further, we require amended descriptions of the marks for completion and clarity. The suggested descriptions of the marks would read: For 88676298, 88676882, and 88682338 The mark consists of the stylized word “fanbase” below a stylized lightning bolt forming an “F” within two concentric circles. For 88678263, 88684472, and 88699605 The mark consists of two concentric circles with a stylized lightning bolt forming an “F” in the middle to the left of a vertical line with the stylized word “fanbase” to the right of the line. For 88710576 The mark consists of a stylized lightning bolt forming an “F” inside two concentric circles. Please let me know if you would approve of my amending the mark descriptions as described for each application. Claims of Pending Applications

NOTE TO THE FILE

SERIAL NUMBER: 88678263

DATE:    01/30/2020

NAME: sferrell

NOTE:

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search      X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

From: Ronald Mears <ronald.mears@mearsmediagroup.com>
Sent: Wednesday, January 29, 2020 4:30 PM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Subject: Re: USPTO Trademark Applications: Fanbase Applications

In other words, I accept all of your suggested changes.

On Wed, Jan 29, 2020 at 4:29 PM Ronald Mears <ronald.mears@mearsmediagroup.com> wrote:

Hi Steven

Yes please make those amendments as described above for 88678263, 88682338, and 88710576 as well as the dscriptions of the Marks as described above for each application.

Thanks,

Ronald Mears

On Wed, Jan 29, 2020 at 4:10 PM Ferrell Jr., Steven <Steven.Ferrell@uspto.gov> wrote:

Good Afternoon Ronald W. Mears Jr,

I am reviewing the following referenced applications for Fanbase Exchange Co.:

88676298 F FANBASE

88676882 F FANBASE

88678263 F FANBASE

88682338 F FANBASE

88684472 F FANBASE

88699605 F FANBASE

88710576 F

In review of these applications there are a couple of issues that can be corrected without the need for an Office action.

Identification of Goods/Services

First, for some of the applications, we require an amended identification of the goods and/or services.

First, for 88678263, the wording “Electronic storage of ERC-20 and ERC-721 tokens” requires further specification to make it clear that this is data being stored rather than physical goods. Specifically, the suggested identification would read, with suggested changes underlined:

International Class 42:    Data encryption and decoding services; Design and development of electronic data security systems; Design and development of software and hardware for data and multimedia content conversion from and to different protocols; Design and development of software and hardware for multimedia data storing and recalling; Electronic storage of electronic media, namely, images, text and audio data; Electronic storage of ERC-20 and ERC-721 cryptocurrency tokens; Electronic storage services for archiving databases, images and other electronic data; Mobile media services in the nature of electronic storage of entertainment media content; Providing an on-line network environment featuring technology that enables users to share data in the field of blockchain, crowdfunding, digital media, royalty-tracking, securities, cryptocurrency and cryptocurrency wallets

Next, for 88682338, the wording “FinCEN” is not a regularly understood acronym or abbreviation and requires further specification using common commercial wording. Additionally, the wording “ERC-20s, ERC-721s” are not regularly understood terms and require further specifically using common commercial wording. Specifically, the suggested identification would read, with suggested changes underlined:

International Class 45:    Licensing of advertising slogans and cartoon characters; Licensing of architectural drawings to others; Licensing of computer software; Licensing of intellectual property; Licensing of intellectual property rights; Licensing of patent applications; Licensing of registered designs; Licensing of software for management of intellectual property; Licensing of trademarks; Licensing of intellectual property, slogans, cartoons, music, drawings, still images, moving images, designs, games, characters, sounds, recordings, slogans, advertising, phrases, writing, memes, gifs and digital files; Mediation; Cartoon character licensing; Computer software licensing; Consultancy relating to computer software licensing; Consultancy relating to patent licensing; Consulting in the field of intellectual property licensing; Legal advisory services in the field of copyright, trademark, patents, securitization, royalties, dividends, smart contracts, regulated crowdfunding, anti-terrorism, anti-money laundering, know-your-customer, financial crimes, start-up and corporate law; Legal advisory services in the field of cryptocurrency, blockchain, technology, digital media, ERC-20 and ERC-721 cryptocurrency tokens, and the creative industries; Online social networking services provided through a community website; Online social networking services provided through a fashion community website; Online social networking services provided through a sports community website; Patent licensing; Providing a web site featuring information on the development of privacy, security and data governance law; Providing a web site that features information on the development of international law, regulations, legal policies, and legal practices in a manner that promotes global governance by all types of organizations; Providing an interactive web site featuring personal background credential information for users to verify credentials of others; Providing information about legal services for creators of media, digital collectibles and certificates of authenticity via a website; Providing information in the field of business law, litigation and intellectual property; Providing legal research in the field of securities trading, cryptocurrency trading, dividends, royalty-sharing, marketing and advertising; Provision of a web site featuring information on fashion; Social networking services in the field of start-up law, corporate law, patents, trademarks, cryptocurrency, cryptocurrency wallets, technology, crowdfunding, royalty-tracking, media production, dividends, digital collectibles, file- sharing, digital media, streaming media and direct-to- consumer media provided via a website; Verification of personal identity as part of personal background investigations

Finally, for 88710576, the wording “Clothing straps for costumes and cosplay” is indefinite because applicant must further specify the types of costumes and cosplay goods. Next, the wording “Adaptive clothing, namely, costumes, outerwear and accessories” is indefinite and overly broad because applicant must further specify the types of costumes and outerwear, and the wording “accessories” is not acceptable in International Class 25 without specifying the types of clothing accessories that may be included in this class. Otherwise, many clothing accessories are classified in many other classes. As such, this wording should be deleted from this entry. Next, the wording “Bottoms as clothing for costumes, outerwear and accessories” is indefinite because the wording that follows “for” should be in the nature of the wearers (i.e. babies, adults, children, etc.) of the clothing rather than any types of clothing. Next, the wording “Embroidered clothing, namely, costumes, t- shirts, hats and accessories” is indefinite because, again, applicant must specify the types of costumes and the wording “accessories” is improper for the reasons previously discussed. Next, the wording “Outerwear, namely, shirts, t-shirts, shoes, belts, pants, pajamas, hats, jackets, dresses, sweatshirts, sweatpants, costumes, bodysuits and accessories” is indefinite because, again, applicant must specify the types of costumes and the wording “accessories” is improper for the reasons previously discussed. Finally, the wording “Tops as clothing for costumes, athletic wear and formal wear” is indefinite because the wording that follows “for” should be in the nature of the wearers (i.e. babies, adults, children, etc.) of the clothing rather than any types of clothing. Specifically, the suggested identification would read, with suggested changes underlined:

International Class 25:    Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Clothing for athletic use, namely, padded pants; Clothing for athletic use, namely, padded shirts; Clothing for athletic use, namely, padded shorts; Clothing items, namely, adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; Clothing items, namely, adhesive pockets that may be affixed directly to the inside of clothing for storage and safekeeping of personal items; Clothing items, namely, blindfolds worn over the eyes; Clothing items, namely, gags worn over the mouth; Clothing shields, namely, pads applied to the underarms of shirts, blouses and sweaters; Clothing straps for Halloween costumes and cosplay costumes; Clothing wraps; Clothing, namely, arm warmers; Clothing, namely, base layers; Clothing, namely, crops; Clothing, namely, knee warmers; Clothing, namely, neck tubes; Clothing, namely, thobes; Clothing, namely, wrap-arounds; Shirts; Adaptive clothing, namely, cosplay costumes, outerwear being coats, hats, and gloves; Adult novelty gag clothing item, namely, socks; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Belts; Belts made out of cloth; Bottoms as clothing; Bottoms as clothing for babies, adults, and children; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infants' cloth bibs; Combinations; Drawers as clothing; Embroidered clothing, namely, cosplay costumes, t-shirts, and hats; Fingerless gloves as clothing; Foulards; Head wraps; Headwear for costumes, sports, games and fashion; Hoodies; Jackets; Jerseys; Leather belts; Outerwear, namely, shirts, t-shirts, shoes, belts, pants, pajamas, hats, jackets, dresses, sweatshirts, sweatpants, cosplay costumes, and bodysuits; Short sets; Shoulder wraps; Shoulder wraps for clothing; Swaddling clothes; Ties as clothing; Tops as clothing; Tops as clothing for babies, adults, and children; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Trunks being clothing; Underarm clothing shields; Wearable garments and clothing, namely, shirts; Women's clothing, namely, shirts, dresses, skirts, blouses; Wrist bands as clothing; Wristbands as clothing

Please let me know if you would approve of my amending the identifications as described for 88678263, 88682338, and 88710576.

Descriptions of Marks

Further, we require amended descriptions of the marks for completion and clarity. The suggested descriptions of the marks would read:

For 88676298, 88676882, and 88682338

The mark consists of the stylized word “fanbase” below a stylized lightning bolt forming an “F” within two concentric circles.

For 88678263, 88684472, and 88699605

                The mark consists of two concentric circles with a stylized lightning bolt forming an “F” in the middle to the left of a vertical line with the stylized word “fanbase” to the right of the line.

For 88710576

                The mark consists of a stylized lightning bolt forming an “F” inside two concentric circles.

Please let me know if you would approve of my amending the mark descriptions as described for each application.

                Claims of Pending Applications

Finally, in some of the applications, applicant has claimed pending applications. Only claims of ownership of relevant, active registrations are printed on the registration certificate. See 37 C.F.R. §2.36; TMEP §812. Therefore, applicant’s claim of ownership of the pending applications will not be printed. However, if the claimed pending applications matures into registrations, and if applicant wants to claim ownership of the registrations, applicant must provide a claim of ownership with the registration number.

Approving these changes will place the applications in condition for approval for publication.

Please respond no later than 2 PM EST on Friday, January 31, 2020.

If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.

Respectfully,

/Steven W. Ferrell Jr./

Trademark Examining Attorney

Law Office 121

Phone: (571)270-3424

E-mail: steven.ferrell@uspto.gov

For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.

Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.

--

Ronald W. Mears Jr.

CEO FANBASE

CEO MEARS MEDIA GROUP

FOUNDER Prose and Cons Media Literacy Fund (501c3)



--

Ronald W. Mears Jr.

CEO FANBASE

CEO MEARS MEDIA GROUP

FOUNDER Prose and Cons Media Literacy Fund (501c3)

         Sent to TICRS as Serial Number: 88676298
         Sent to TICRS as Serial Number: 88676882
         Sent to TICRS as Serial Number: 88682338